BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: SB 1408 --------------------------------------------------------------- |AUTHOR: |Allen | |---------------+-----------------------------------------------| |VERSION: |April 18, 2016 | --------------------------------------------------------------- --------------------------------------------------------------- |HEARING DATE: |April 27, 2016 | | | --------------------------------------------------------------- --------------------------------------------------------------- |CONSULTANT: |Reyes Diaz | --------------------------------------------------------------- SUBJECT : Tissue donation SUMMARY : Allows for the transplantation of any tissues into the body of a person when the donor of the tissues is found reactive for human immunodeficiency virus (HIV), as specified, and removes penalties for tissue donors who are reactive to HIV, as specified. Existing law: 1)Prohibits the transfer of any tissues, as defined, into the body of another person by means of transplantation, unless the donor of the tissues has been screened and found nonreactive for evidence of infection with HIV, agents of viral hepatitis (HBV and HCV), human T lymphotropic virus (HTLV), and syphilis, except as provided. 2)Authorizes the transplantation of tissue from a donor who has not been tested for specified infectious diseases or, with the exception of HIV and HTLV, has been found reactive, if specified conditions are satisfied, including obtaining consent from an intended recipient or the recipient's family. Defines "family" as a spouse, adult son or daughter, either parent, adult brother or sister, or grandparent. This bill: 1)Allows for the transplantation of any tissues into the body of a person when the donor of the tissues is found reactive for HIV, if both of the following conditions are satisfied: a) The physician and surgeon performing the transplantation has determined any one or more of the following: i) without the transplantation, the intended recipient will most likely die during the SB 1408 (Allen) Page 2 of ? period of time necessary to obtain other tissue or to conduct required tests; ii) the intended recipient already is diagnosed with the infectious disease for which the donor has tested positive; or iii) the symptoms from the infectious disease for which the donor has tested positive will most likely not appear during the intended recipient's likely lifespan after transplantation with the tissue or may be treated prophylactically if they do appear; and, b) Consent for the use of the tissue has been obtained from the recipient, if possible, or if not possible, from a member of the recipient's family or the recipient's legal guardian. 2)Removes specified penalties for the donation of blood, body organs, or other tissues by a person who knows that he or she has tested reactive to HIV, or for a person afflicted with any contagious, infectious, or communicable disease who willfully exposes himself or herself to another person, for sperm donors, as specified, and donors included in 1) above. FISCAL EFFECT : This bill is keyed non-fiscal. COMMENTS : 1)Author's statement. According to the author, this bill would greatly improve the life expectancies of people living with HIV who need organ or tissue transplants by removing California's prohibition on donating organs or tissue while HIV-positive. Under current state law, it is illegal for an HIV-positive person to donate organs or tissues under any circumstance. This existing law was enacted nearly 20 years ago at a time when very little was known about HIV and AIDS. Research made possible by the passage of the federal HIV Organ Policy Equity (HOPE) Act of 2013 found that organ donations from HIV-positive donors to HIV-positive recipients do not have a detrimental effect. Major advances in the treatment of HIV and AIDS mean that HIV-positive individuals are living longer, and like other older Americans, they too are developing medical conditions that require organ transplants. However, the number of individuals in need of organ transplants far exceeds the availability of healthy organs. Increasing the number of eligible organ and tissue donors for HIV-positive individuals will save lives. SB 1408 (Allen) Page 3 of ? 2)Background. On November 21, 2013, President Obama issued a statement that announced he signed the bipartisan-supported HOPE Act, which allowed for scientists to carry out research into organ donations from one person with HIV to another. As noted in the statement, such organ transplants were deemed illegal for decades. However, with growing effective treatments for HIV and by signing the HOPE Act, successful life-saving organ donations for people living with HIV could eventually be realized. On November 22, 2013, Donate Life California issued a statement applauding the President's signing of the HOPE Act, stating that the change in policy had the potential to save 1,000 HIV-infected transplant patients each year, as well as shortening the list for uninfected people awaiting transplants. A March 30, 2016, article in the Los Angeles Times announced the first organ transplantation from a deceased HIV-positive donor to two HIV-positive recipients, performed by surgeons at Johns Hopkins University Medical Center. Physicians involved with the transplantation believe that many HIV-infected donors are likely healthy enough to donate an organ without great risk to their health. Also noted in the article is the expectation that each year 500 to 600 HIV-positive people will die under circumstances that would make their organs available for transplant, which has the potential to make hundreds and potentially thousands of transplantable organs available each year to HIV-infected people with end-stage diseases of the kidneys, heart, liver, and lungs. 3)Support. The sponsors and other supporters argue that this bill will bring state law into conformity with federal law, ending a policy that was enacted at a time when very little was known about HIV and AIDS. Supporters argue that with advances in HIV understanding and treatment, HIV-positive individuals are living longer and developing medical conditions later in life for which organ transplants are the standard of care treatment. Supporters state that this bill will help alleviate waiting times on donor lists for all people awaiting organ transplants, and that studies have shown that transplants from one HIV-positive person to another do not have a detrimental effect nor negatively affect patient outcomes. 4)Technical amendment. On page 6, line 6, strike out "of" SB 1408 (Allen) Page 4 of ? SUPPORT AND OPPOSITION : Support: AIDS Project Los Angeles (cosponsor) Equality California (cosponsor) Los Angeles LGBT Center (cosponsor) Positive Women's Network-USA (cosponsor) Access Support Network of San Luis Obispo and Monterey Counties AIDS Healthcare Foundation American Civil Liberties Union of California Familia: Trans Queer Liberation Movement Health Officers Association of California Lambda Legal Law Foundation of Silicon Valley San Francisco AIDS Foundation Two individuals Oppose: None received -- END --